Study On The Difficult Problems In The Identification Of Triad Organized Crimes

With the promotion of "eliminating black and evil",the judicial organs in our country have reached a white-hot stage of cracking down on black and evil forces.Although China's relevant laws and normative documents on the nature of the organization of the relatively complete provisions,but according to the judicial practice,there are still many problems in the identification of the nature of the organization of the underworld.Before 1997,the law on this kind of crime was still in a blank stage in our country,and in the following two decades,we have made great progress.Up to now,according to the existing law,China's judicial organs in identifying the nature of the organization of the underworld usually with its four characteristics,namely organizational characteristics,economic characteristics,behavioral characteristics and hazardous characteristics as the standard.It is enough to solve the problem of most of the police organization recognized,but because of the complexity of the reality and the continuous development of the organization,and there are some problems in front,such as the underworld property organization and evil forces,common criminal syndicate is not easy to distinguish,for its four characteristics of the legislative provisions are still insufficient,are easy to be expanded in the struggle for special use,organization,leader all "crimes" found in doubt,its formation time nodes not easily recognized and so on.To these questions,the first to determine the nature of the underworld property organization features the harmfulness,the second will be "open" as the key as its essential feature,and then to improve on its four characteristics of the relevant laws,and then strengthen supervision to avoid being expanded to use,in addition to organization,leader of all "crimes" replace with "personal crime",finally,when confirming the time node of its formation,the author should freely choose the elements in the summary of the work seminar on triad organized crime cases tried by some courts in China in 2015.